Ordinance 2006-074 I
20 08 1 ,0001750
Filed for Record in
KENDALL COUNTY, ILLINOIS
RENNETTA S MICKELSON
STATE OF ILLINOIS ) 07 -25- 2008 At 01 :26 um.
) ss ORDINANCE 42.00
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COUNTY OF KENDALL RHSF Surcharge i
ORDINANCE NO. 2006-
AN ORDINANCE REZONING CERTAIN PROPERTY
IN FURTHERANCE OF AN ANNEXATION AGREEMENT
(Evergreen Farm)
WHEREAS, Evergreen Farm Estates, LLC is the legal owner of record of property
described on Exhibit "A" attached hereto and incorporated herein (the Property), and
WHEREAS Tanglewood Development Corporation, developer of the Property has
made application by petition for the rezoning of the Property pursuant to an Annexation
of the Property, and
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WHEREAS, owners and developers have previously entered into an agreement for
annexation, and zoning of the property, and
WHEREAS, the Yorkville Plan Commission has recommended the annexation of the
property.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE
MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT:
1. The City Council approves the recommendation of the Plan Commission and hereby
rezones the property as R -2 Residential District as described in attached Exhibit
"B"
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2. The Property shall be developed according to the terms of an Annexation Agreement
previously adopted.
3: This Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
JAMES BOCK LJ' JOSEPH BESCO
VALERIE BURD Vl PAUL JAMES J ll�
DEAN WOLFER MARTY MUNNS J �
ROSE SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of , A.D. 2006.
MAY
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of a , A.D. 2006.
ATTEST:
0
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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VVV Legal Description:
THAT PART OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD. PRINCIPAL MERIDIAN
DESCRIBED BY COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID
EST 233.9 FEET ALONG THE NORTH LINE OF SAID SECTION 6 TO THE
SECTION 6; THENCE W
SOUTHEASTERLY LINE ES THE RIGHT-OF -WAY OF THE CHICAGO, BURLINGTON & QUINCY RAILROAD
OF
COMPANY; THENCE SOUTH 61 06' 20" WEST ALONG SAID RIGHT-OF-WAY I E 5 498. 25° 19 10R A
POINT OF BEGINNING; THENCE SOUTH 01° 28 38 EAST 406.94 ,
I EAST 1326.82 FEET, THENCE SOUTH 24 05' 33" EAST 587.67 FEET; THENCE SOUTH 66 45' 42" WEST
1560.96 FEET TO THE CENTER LINE OF A GRAVEL ROAD; THENCE NORTH 22 15' 40" WEST ALONG
SAID CENTER LINE 1258.64 FEET; THENCE NORTH 06 13' 10" WEST ALONG THE CENTER LINE OF
SAID GRAVEL ROAD 250.27 FEET TO THE CENTER LINE OF FOX ROAD; THENCE SOUTH 63° 42' S0"
WEST ALONG THE CENTER LINE OF FOX ROAD 43.37 FEET; THENCE NORTH 08 38' 52" WEST 676.69
FEET TO THE AFORESAID SOUTHEASTERLY RIGHT-OF-WAY LINE; THENCE NORTH 61
DALL " EAST
ALONG SAID RIGHT -OF -WAY LINE 1431.91 FEET TO THE POINT OF BEGINNING
TOWNSHIP, KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THE SOUTHEASTERLY 350.0 FEET
459.81 FEET THEREOF OF THE SOUTHWESTERLY AND ALSO EXCEPTING THEREFROM SOUTH 01 8 OWING
PARCEL OF PROPERTY, FROM THE POINT OF BEGINNING AFORESAID; THENCE
ST 406.94 FEET; THENCE SOUTH 25 19' 10" EAST 305.69 FEET TO THE CENTER LINE OF FOX ROAD
FA
FOR A NEW POINT OF BEGINNING; THENCE SOUTH 25° 19' 10" EAST 1021.13 FEET; THENCE SOUTH
24 50' 33" EAST 587.67 FEET; THENCE SOUTH 66 45' 42" WEST 625.43 FEET; THENCE NORTH 25
19' 10" WEST 1540.44 FEET TO SAID CENTER LINE OF 0 BEGINNING IN KENDALL EA
TOWNSH P, ST
ALONG SAID CENTER LINE 630.0 FEET TO THE POINT
KENDALL COUNTY, ILLINOIS.
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EXHIBIT "B"
10 -6C -1 10 -6C -3
CHAPTER 6
RESIDENTIAL DISTRICTS
ARTICLE C. R -2 ONE - FAMILY RESIDENCE DISTRICT
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SECTION:
10 -6C -1: Uses Permitted
10 -6C -2: Special Uses
10 -6C -3: Lot Area And Allowable Density
10 -6C -4: Yard Areas
10 -6C -5: Lot Coverage
10 -6C -6: Maximum Building Height
10 -6C -1: USES PERMITTED: The following uses are permitted:
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Any permitted use in the Estate District or the R -1 One - Family Residence
District. (Ord. 2000 -1, 1 -27 -2000)
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10 -6C -2: SPECIAL USES: The following uses may be allowed by
special use permit in accordance with the provisions of
Section 10 -14 -6 of this Title:
Any use permitted as a special use in the Estate District or the R -1 One -
Family Residence District, except - that planned developments may be
considered where the zoning lot proposed for development has a gross
area of not less than ten (10) acres.
Bed and breakfast inns. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1994 -36,
10 -13 -1994; Ord. 2000 -1, 1 -27 -2000)
10 -6C -3: LOT AREA AND ALLOWABLE DENSITY:
A. Lots with private wells and /or private sewage treatment facilities:
November 2000
City of Yorkville
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10 -6C -3 10 -6C -4
1. One acre with a width at the building line not less than one
hundred twenty five feet (125'). Density shall not exceed one
dwelling unit per each acre. (Ord. 1973 -56A, 3 -28 -1974; amd. 1994
Code; Ord. 2000 -1, 1 -27 -2000)
2. This subsection shall apply within the one and one -half (0 2 ) mile
planning limits of the City, only upon application and obtaining a
special use from the City Plan Commission and approved by the City
Council. The standards for approval of a special use permit shall be
only upon:
a. A showing by the petitioner that an undue hardship exists to
establish a connection to the City water and /or sewer mains.
b. That no sewer or water lines exist within two hundred fifty feet
(250') of the proposed development of petitioner.
c. That due to unique size, terrain or character of the petitioner's
development, it is necessary to allow individual private wells and
private sewage treatment facilities so as to facilitate the orderly
growth of a particular development.
d. That the City is unable to provide capacity in its water or
sewer mains; or the petitioner is unable to secure sufficient capacity
of the Yorkville - Bristol Sanitary District Plant for disposal of sewage.
(Ord. 1988 -2, 1 -28 -1988; amd. Ord. 2000 -1, 1 -27 -2000)
B. Lots served by both public sewerage and water facilities shall have
an area of not less than twelve thousand (12,000) square feet and a
width at the building line of not less than eighty feet (80'). Density
shall not exceed three and three - tenths (3.3) dwelling units per each
acre.
C. All nonresidential principal uses of buildings as permitted in this
Article shall be located on a tract of land having an area of not less
than two (2) acres, except Municipal projects and developments.
D. Lot size for special uses shall not be less than two (2) acres. (Ord.
1973 -56A, 3 -28 -1974; amd. 1994 Code; Ord. 2000 -1, 1 -27 -2000)
10 -6C -4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained in
connection with such building, structure or enlargement:
November 2000
City of Yorkville
10 -6C -4 10 -6C -6
A. Front Yard: A front yard of not less than thirty feet (30').
B. Side Yards: A side yard on each side of the zoning lot of not less
than ten feet (10'), or ten percent (10 %), whichever is greater,
except where a side yard adjoins a street, the minimum width shall
be increased to thirty feet (30').
C. Rear Yard: A rear yard of not less than forty feet (40'). (Ord.
1973 -56A, 3 -28 -1974; amd. Ord. 2000 -1, 1 -27 -2000)
10 -6C -5: LOT COVERAGE: Not more than thirty percent (30 %) of the
area of a zoning lot may be covered by buildings or structures
including accessory buildings. (Ord. 2000 -1, 1 -27 -2000)
10 -6C -6: MAXIMUM BUILDING HEIGHT: Same regulations shall
apply as permitted or required in the R -1 One - Family
Residence District. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 2000 -1,
1 -27 -2000)
November 2000
City of Yorkville